Union de Tronquistas de Puerto Rico v. United Parcel Service, Inc.

960 F. Supp. 2d 354, 2013 WL 4130396, 196 L.R.R.M. (BNA) 2805, 2013 U.S. Dist. LEXIS 116655
CourtDistrict Court, D. Puerto Rico
DecidedAugust 15, 2013
DocketCivil No. 12-1694 (ADC)
StatusPublished
Cited by2 cases

This text of 960 F. Supp. 2d 354 (Union de Tronquistas de Puerto Rico v. United Parcel Service, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Union de Tronquistas de Puerto Rico v. United Parcel Service, Inc., 960 F. Supp. 2d 354, 2013 WL 4130396, 196 L.R.R.M. (BNA) 2805, 2013 U.S. Dist. LEXIS 116655 (prd 2013).

Opinion

OPINION AND ORDER

AIDA M. DELGADO-COLON, Chief Judge.

Plaintiff, Unión de Tronquistas de Puerto Rico (“plaintiff’ or “Unión”), filed a petition for review of an arbitration award in case number A-l 1-1791 against defen[355]*355dant, the United Parcel Service, Inc., (“UPS” or “defendant”), seeking to annul the award. Unión argues that the Arbitrator committed a manifest error of law when he concluded that the grievant,, Elroy Donovan, was terminated for just cause. ECF No. 1.

Now before the Court is UPS’s motion for summary judgment and statement of uncontested facts as well as Union’s opposition to UPS’s summary judgment and defendant’s reply. ECF Nos. 1, 14, 17. At issue is whether this Court should uphold the contested arbitration award.

I. Factual Background

Unless otherwise noted, the following relevant facts are derived from defendant’s statement of facts and plaintiffs responses. ECF Nos. 7-3, 14-1. The Court notes that Unión has accepted there are no material facts in the case. ECF No. 14-1 at 2. Consistent with the summary judgment standard, the Court states the facts in the light most favorable to plaintiff, the nonmoving party. See Iverson v. City of Boston, 452 F.3d 94, 98 (1st Cir.2006). UPS and Unión are parties to a Collective Bargaining Agreement (“CBA”) for St. Thomas and St. Croix. The CBA contains a mandatory grievance procedure to handle disputes that arise from disciplinary actions against union members or any matter related to the interpretation of the agreement. ECF No. 17-2 at ¶ 1. The grievant, Elroy Donovan (“Donovan”), worked for UPS in the U.S. Virgin Islands as an Air Driver. ECF No. 7-3 at ¶ 2. On June 30, 2009, Donovan was terminated from his employment with UPS pursuant to Articles 18 and 24 of the CBA. According to UPS, he was unable to perform the essential functions and duties of his position due to an injury he sustained more than two (2) years and/or 24 months ago. Consequently, he lost his seniority rights and his employment was terminated because UPS was under no obligation to reserve his position after such time elapsed. ECF No. 7-3 at 113.

Pursuant to the CBA’s mandatory grievance procedure, Unión filed a grievance to challenge Donovan’s termination at the Bureau of Conciliation and Arbitration of the Puerto Rico Department of Labor and Human Resources. The grievance was resolved through a final and binding arbitration in United Parcel Service, Inc. and Union de Tronquistas de Puerto Rico, Local 901, case no. A-11-1791. The arbitration hearings were held on April 8, 2011 and May 25, 2012. There, the parties agreed to rely exclusively on the documentary evidence that was submitted to the arbitrator,' and on their respective memorandums of law. ECF No. 7-3 at ¶ 4. On July 9, 2012, the arbitrator, Jorge L. Torres-Plaza (the “arbitrator”), issued an award (“award”), holding that Donovan’s termination was justified in accordance with the CBA and the applicable law. He found that Donovan was intermittently absent from work for more than two (2) years, after which he was not qualified or could not perform the essential functions of his position, and UPS was not compelled to reserve his employment pursuant to the CBA. ECF No. 7-3 at ¶ 5.

The Arbitrator adopted from defendant’s briefing the following uncontested factual findings:

(i) Donovan worked for UPS in the U.S. Virgin Islands as an Air Driver;
(ii) On June 28, 2007, Donovan suffered a work-related accident, while he was carrying out his package delivery duty;
(iii) As a result of said accident, Donovan was absent on June 29, July 2 and 3, 2007, and was under Chiropractic Health Centers’ care. Donovan submitted a medical certificate from Chiropractic Health Centers for these absences, which stated that he was unable to return to work due to a “Conservative [356]*356Management Program” and that he was restricted because he could not perform “heavy lifting” and/or “prolonged sitting.”
(iv) On July 5, 2007, Donovan visited Chiropractic Health Centers again and was authorized to return to work on July 9, 2007, with restrictions as to “lifting” and “prolonged sitting;”
(v) On July 10, 2007, Donovan met with Jorge González, UPS’ District Workforce Planning Manager, to request a reasonable accommodation;
(vi) On July 18, 2007, Donovan requested worker’s compensation benefits at the Worker’s Compensation Division of the U.S. Virgin Islands’ Department of Labor, regarding his June 28, 2007 injury;
(vii) On July 30, 2007, Donovan returned to work;
(viii) Donovan was again absent from work on August 13 and 14, 2007, due to his back injury, for which he submitted another medical certificate from the Chiropractic Health Centers, which also reiterated his restriction as to “heavy lifting;”
(ix) On August 14, 2007, Kevin L. Lenahan (“Lenahan”), from Chiropractic Health Centers, sent a communication to the U.S. Virgin Islands’ Department of Labor, informing that an MRI proved Donovan’s injury had worsened after returning to work, reflecting degenerative changes and “intervertebral disc involvement,” which changed the prognosis of the case;
(x) Consequently, in said communication, Lenahan requested that Donovan be given a one (1) month leave from work with intensive chiropractic care (from 3 to 5 times per week) and a “Conservative Home Management Program;”
(xi) That month of absence was subsequently extended for another month, until October 15, 2007;
(xii)On December 20, 2007, Dr. Derek Burnett recommended that Donovan return to work with “Light Duty;”
(xiv) In a January 15, 2008 medical report, Dr. Derek M. Burnett determined that Donovan had an 8% impairment of the whole person for loss of general physiological functions, which is equivalent to the payment of benefits of $466 for 16 weeks.
(xv) On January 18, 2008, UPS denied Donovan’s request for a reasonable accommodation because no vacant position was available at that time for which Donovan was qualified and capable of performing the essential job functions, with or without reasonable accommodation.
(xvi) On January 31, 2008, the Director of Workmen’s Compensation of the U.S. Virgin Islands, Wanda L.C. Morris, ordered UPS to pay the U.S. Virgin Islands’ State Insurance Fund the amount of $804.00 for expenses incurred in Donovan’s treatment at Chiropractic Health Centers during the period between September 4 and October 4, 2007.
(xvii) UPS also paid a $241.20 penalty for not being duly insured.
(xviii) On June 30, 2009, UPS, by John Morales, then UPS’ Labor Relations Manager terminated Donovan from his employment, pursuant to Article 18 of the Collective Bargaining Agreement.
(xix) On July 21, 2009, Rasha A. Harris, DPT, of Total Rehab & Wellness of St. Thomas, sent a communication to Dononvan, stating that Donovan was not capable of performing the duties of his position at UPS due to the position’s requisite that he lift weight of up to 70 lbs.

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960 F. Supp. 2d 354, 2013 WL 4130396, 196 L.R.R.M. (BNA) 2805, 2013 U.S. Dist. LEXIS 116655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-de-tronquistas-de-puerto-rico-v-united-parcel-service-inc-prd-2013.